Dallu @ Dalchand vs State Of M.P

Rajeev Kumar Dubey, J

This is the first application filed under Section 439 of Cr.P.C. for grant of bail. Applicant Dallu @ Dalchand was arrested on 17/04/2021 in connection

with Crime No.156/2021 registered at Police Station Themi, District Narsinghpur (M.P.) for the offence punishable under Section 34(2) of the M.P.

Excise Act.

As per prosecution case on 26/03/2021 on the information of the in for mant Police stopped motorcycle bearing registration No.MP/49/ME/2004,

which was being driven by co-accused Ajay Sen and applicant Dallu @ Dalchand was pillion rider and seized 54 bulk liter country made liquor, which

was illegally being carried by them by that bike. At that time applicant Dallu @ Dalchand fled away from the spot and police arrested the applicant on

17/04/2021.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The

applicant has no criminal past. He has been in custody since 17/04/2021 and conclusion of trial will take time, hence prayed for release of the applicant

on bail.

Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case, the quantity of liquor alleged to

have been seized from the possession of the applicant and the fact that the applicant has no criminal past, he is in custody since 17/04/2021 and

conclusion of trial will take time, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall

be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the

satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during

the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.